[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 323 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 323

    To amend the Elementary and Secondary Education Act of 1965 to 
  establish scholarships for inviting new scholars to participate in 
            renewing education, and mentor teacher programs.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 14, 2001

  Mr. Schumer introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
    To amend the Elementary and Secondary Education Act of 1965 to 
  establish scholarships for inviting new scholars to participate in 
            renewing education, and mentor teacher programs.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SCHOLARSHIPS.

    Title II of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6601 et seq.) is amended--
            (1) by redesignating part E as part G;
            (2) by redesignating sections 2401 and 2402 as sections 
        2601 and 2602, respectively; and
            (3) by inserting after part D the following:

  ``PART E--SCHOLARSHIPS FOR INVITING NEW SCHOLARS TO PARTICIPATE IN 
                           RENEWING EDUCATION

``SEC. 2401. SHORT TITLE; PURPOSE.

    ``(a) Short Title.--This part may be cited as the `Inviting New 
Scholars to Participate in Renewing Education Act'.
    ``(b) Purpose.--The purpose of this part is to make available, 
through grants to the State educational agencies, scholarships to 
individuals who are outstanding students, who are in their final year 
of secondary school, attending an institution of higher education, or 
graduates of such an institution, and who demonstrate an interest in 
teaching children and youth, in order to enable and encourage those 
individuals to pursue teaching careers in education at the preschool, 
elementary, or secondary level.

``SEC. 2402. DEFINITIONS.

    ``In this part:
            ``(1) Alternative certification program.--The term 
        `alternative certification program' means a program to obtain 
        teacher certification through an alternative route designated 
        by the State.
            ``(2) Alternative route.--The term `alternative route', 
        used with respect to certification, means a route to 
        certification that--
                    ``(A) includes strong academic and pedagogical 
                course work that provides a candidate seeking to become 
                a teacher with the subject matter knowledge and 
                teaching knowledge needed to help students meet a 
                State's curriculum standards;
                    ``(B) provides intensive field experience in the 
                form of an internship, or student teaching, under the 
                direct daily supervision of an expert, veteran teacher;
                    ``(C) ensures that the candidate meets standards 
                that are at least as rigorous as the State's standards 
                for subject matter knowledge and teaching knowledge 
                that are required for traditional teacher certification 
                or licensing (not certification through such a route); 
                and
                    ``(D) is provided through a program that meets all 
                of the State's quality standards for program approval, 
                including standards that pertain to teacher candidate 
                test performance and other outcomes.
            ``(3) High-need.--The term `high-need', used with respect 
        to a school district, means a school district in which--
                    ``(A) not less than 30 percent of the children 
                served by the local educational agency for the school 
                district are children eligible to be counted under 
                section 1124(c)(2); and
                    ``(B) the elementary schools and secondary 
                schools--
                            ``(i) have a higher teacher turnover rate 
                        than the corresponding rate for the State in 
                        which the school district is located;
                            ``(ii) have a higher percentage of 
                        uncertified or unlicensed teachers than the 
                        corresponding percentage for the State; or
                            ``(iii) have a higher percentage of 
                        secondary school teachers not teaching in the 
                        academic subject in which the teachers were 
                        trained to teach, than the corresponding 
                        percentage for the State,
        as determined by the State.
            ``(4) Scholarship.--The term `scholarship' means a 
        scholarship awarded under this part.

``SEC. 2403. ALLOTMENTS AND GRANTS TO STATES.

    ``(a) Grants.--The Secretary may make grants to States, from 
allotments determined under subsection (b), to enable the State 
educational agencies for the States to pay for the Federal share of the 
cost of awarding scholarships in accordance with this part.
    ``(b) Allotments.--From the sums appropriated to carry out this 
part and not reserved under section 2409(c) for any fiscal year, the 
Secretary shall allot to each eligible State educational agency an 
amount that bears the same relationship to the sums as the amount the 
State received for the fiscal year under title I bears to the amount 
all States received for the fiscal year under title I.
    ``(c) Federal Share.--
            ``(1) In general.--The Federal share of the cost described 
        in subsection (a) is 80 percent.
            ``(2) Non-federal share.--The non-Federal share of the cost 
        may be provided from State sources in cash or in kind, fairly 
        evaluated, including plant, equipment, and services.

``SEC. 2404. GRANT APPLICATIONS.

    ``(a) Submission of Applications.--In order to receive a grant 
under this part, a State educational agency shall submit an application 
to the Secretary at such time, in such manner, and containing such 
information as the Secretary may require.
    ``(b) Content of Applications.--The application shall contain 
information that--
            ``(1) describes the selection criteria and procedures to be 
        used by the State educational agency in the selection of 
        scholarship recipients under this part;
            ``(2) designates the State educational agency as the State 
        agency responsible for administering the grants received under 
        this part;
            ``(3) describes the outreach effort the State educational 
        agency intends to use to publicize the availability of the 
        scholarships to eligible applicants in the State;
            ``(4) describes how the State educational agency will 
        inform recipients, on receipt of the scholarship awards, of 
        current and projected teacher shortages and surpluses within 
        the State;
            ``(5) provides assurances that each recipient of 
        scholarship assistance will enter into an agreement with the 
        State educational agency under which the recipient will--
                    ``(A) complete the program of postsecondary 
                education or alternative certification program, as 
                described in section 2407(a)(1), for which the 
                scholarship was awarded;
                    ``(B)(i) obtain certification or licensing as a 
                teacher (that is not temporary or emergency 
                certification or licensing); and
                    ``(ii) teach in a private nonprofit or public 
                preschool, or a public elementary school or secondary 
                school, in a high-need school district, for a period of 
                not less than 1 year for each $5,000 of the assistance 
                received;
                    ``(C) provide to the Secretary evidence of 
                compliance with section 2407 as required by the 
                Secretary; and
                    ``(D) repay all or part of a scholarship, plus pay 
                interest and, if applicable, reasonable collection 
                fees, in compliance with regulations issued by the 
                Secretary under section 2408(a), in the event that the 
                recipient does not comply with the conditions described 
                in subparagraphs (A) and (B), except as provided for in 
                section 2408(b) or procedures described in paragraph 
                (7);
            ``(6) provides that the agreement entered into with 
        recipients will fully disclose the terms and conditions under 
        which assistance is provided under this part and under which 
        repayment may be required, including--
                    ``(A) a description of the procedures required to 
                be established under paragraph (7); and
                    ``(B) a description of the appeals procedures 
                required to be established under paragraph (8);
            ``(7) provides for procedures under which a recipient of 
        assistance under this part who teaches for less than the period 
        required under paragraph (5)(B) will have the repayment 
        requirements described in section 2408(a) reduced or 
        eliminated, consistent with the provisions of section 2408(b); 
        and
            ``(8) provides for appeals procedures under which a 
        recipient may appeal any determination of noncompliance with 
        any provision under this part.

``SEC. 2405. AMOUNT AND DURATION OF AND RELATION TO OTHER ASSISTANCE.

    ``(a) Limitations on Amount and Duration.--Subject to subsection 
(c), each scholarship recipient shall receive a scholarship for each 
academic year of postsecondary education or study in an alternative 
certification program described in section 2407(a) in preparation to 
become a preschool, elementary school, or secondary school teacher. No 
individual shall receive scholarship assistance under this part for 
more than 4 years of such postsecondary education or study, as 
determined by the State educational agency, or a total amount of such 
assistance that is greater than $20,000.
    ``(b) Consideration of Award in Other Programs.--Notwithstanding 
the provisions of title IV of the Higher Education Act of 1965, 
scholarship assistance awarded pursuant to this part shall be 
considered in determining eligibility for student assistance under such 
title IV.
    ``(c) Assistance Not To Exceed Cost of Attendance.--No individual 
shall receive assistance for a scholarship under this part, in any 
academic year, that exceeds the cost of attendance, as defined in 
section 472 of the Higher Education Act of 1965, at the institution the 
individual is attending or such cost of attendance for an alternative 
certification program. A scholarship awarded under this part shall not 
be reduced on the basis of the student's receipt of other forms of 
Federal student financial assistance, but shall be taken into account 
in determining the eligibility of the student for the other forms of 
Federal student financial assistance.
    ``(d) Supplement, Not Supplant.--Funds appropriated pursuant to the 
authority of this part shall be used to supplement and not supplant 
other Federal, State, and local public funds expended to provide 
services for eligible individuals.

``SEC. 2406. SELECTION OF SCHOLARSHIP RECIPIENTS.

    ``(a) Selection Criteria and Procedures.--The State educational 
agency shall establish criteria and procedures for the selection of 
scholarship recipients. The criteria shall be intended to attract 
highly qualified individuals into teaching, and to meet the present and 
projected needs of States in addressing teacher shortages, including 
the demand for and supply of early childhood and elementary school 
teachers in the State, the demand for and supply of secondary school 
teachers in the State, and the demand for teachers with training in 
specific academic subjects in the State.
    ``(b) Reservation of Scholarship Funds.--In awarding the funds made 
available to a State educational agency under this part for 
scholarships, the State educational agency shall reserve not less than 
30 percent of the funds for scholarships to students that intend to 
teach in an academic subject that the State educational agency 
determines is a subject shortage area, such as mathematics, science, or 
special education.

``SEC. 2407. SCHOLARSHIP CONDITIONS.

    ``(a) Evidence of Enrollment.--An individual who is a recipient of 
scholarship assistance under this part shall continue to receive such 
scholarship assistance only during such periods as the Secretary finds 
that the recipient is--
            ``(1)(A)(i) enrolled as a full-time student in a program of 
        postsecondary education at an accredited institution of higher 
        education that includes a teacher education program that is 
        approved by the agency; and
            ``(ii) pursuing a major or minor in the academic subject 
        that the individual intends to teach;
            ``(B)(i) enrolled as a full-time student in a graduate 
        program of postsecondary education at an institution described 
        in subparagraph (A); and
            ``(ii) pursuing a degree in the academic subject that the 
        individual intends to teach; or
            ``(C) enrolled in an alternative certification program;
            ``(2) pursuing a course of study leading to teacher 
        certification or licensing in the program of postsecondary 
        education or alternative certification program involved; and
            ``(3) maintaining satisfactory progress, as determined by 
        the institution of higher education, or the entity providing 
        the alternative certification program, that the recipient is 
        attending.
    ``(b) Evidence of Employment.--An individual who is a recipient of 
scholarship assistance under this part shall supply to the Secretary, 
not later than 27 months after the date the recipient completes the 
program of postsecondary education or alternative certification program 
for which the scholarship was awarded, evidence of employment as a 
teacher in a private nonprofit or public preschool, or a public 
elementary school or secondary school.
    ``(c) Tracking.--The Secretary shall conduct such oversight and 
evaluation as may be necessary to assure compliance with this section.

``SEC. 2408. SCHOLARSHIP REPAYMENT PROVISIONS.

    ``(a) Repayment.--Recipients of scholarships who are found by the 
Secretary to be in violation of the agreement entered into under 
section 2404(b)(5) shall be required--
            ``(1) to repay a pro rata amount of the scholarship 
        assistance received; and
            ``(2) to pay interest (but in no event at an interest rate 
        higher than the rate applicable to loans in the applicable 
        period under part B of title IV of the Higher Education Act of 
        1965), and, in applicable cases, to pay reasonable collection 
        fees, on a schedule and at a rate of interest to be prescribed 
        by the Secretary in regulations issued pursuant to this part.
    ``(b) Deferral During Certain Periods.--A recipient shall not be 
considered to be in violation of the agreement entered into under 
section 2404(b)(5) during any period during which--
            ``(1) the recipient is enrolled in, pursuing an appropriate 
        course of study in, and maintaining satisfactory progress in, a 
        program of postsecondary education or an alternative 
        certification program, as described in section 2407(a);
            ``(2) the recipient is seeking and unable to find full-time 
        employment as a teacher in a private nonprofit or public 
        preschool, or a public elementary school or secondary school, 
        for a single period of not to exceed 27 months;
            ``(3) repayment would pose particular hardship for the 
        recipient, as determined by the Secretary; or
            ``(4) the recipient satisfies the provisions of additional 
        repayment exceptions that may be prescribed by the Secretary in 
        regulations issued pursuant to this part.

``SEC. 2409. EVALUATION.

    ``(a) In General.--The Secretary shall conduct, by grant or 
contract, an independent evaluation of the scholarship assistance 
program carried out under this part, which shall summarize and evaluate 
the State activities assisted under this part and the performance of 
such program. The evaluation shall assess the impact of the scholarship 
program assisted under this part to determine whether such program has 
brought into teaching a significant number of highly able individuals 
who otherwise would not have entered teaching.
    ``(b) Evaluation Reports.--The Secretary shall submit to the 
President, the Committee on Education and the Workforce of the House of 
Representatives, and the Committee on Health, Education, Labor, and 
Pensions of the Senate--
            ``(1) such interim evaluation reports as may be 
        appropriate; and
            ``(2) not later than September 30, 2006, a final report 
        containing the results of the evaluation.
    ``(c) Funding.--The Secretary shall reserve, from the amounts 
appropriated pursuant to section 2610 for fiscal years 2002 through 
2006, the minimum amount necessary to carry out this section.

``SEC. 2410. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There is authorized to be appropriated to carry 
out this part $100,000,000 for each of fiscal years 2002 through 2006.
    ``(b) Availability.--Any amounts appropriated pursuant to the 
authority of subsection (a) shall remain available until expended.''.

SEC. 2. MENTOR TEACHER PROGRAMS.

    Title II of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6601 et seq.), as amended in section 1, is further amended by 
inserting after part E the following:

                    ``PART F--MENTOR TEACHER PROGRAM

``SEC. 2501. PURPOSES.

    ``The purposes of this part are to give local educational agencies 
the resources to establish mentor teacher programs to enable 
experienced teachers to train, support, and mentor novice teachers.

``SEC. 2502. DEFINITIONS.

    ``In this part:
            ``(1) Board certified.--The term `board certified' means 
        successful completion of all requirements to be certified by 
        the National Board for Professional Teaching Standards in the 
        academic subject in which a teacher is teaching.
            ``(2) Mentor teacher.--The term `mentor teacher' means a 
        teacher who--
                    ``(A) is fully certified or licensed;
                    ``(B) has demonstrated mastery of pedagogical and 
                subject matter skills (such as by becoming board 
                certified); and
                    ``(C) has provided evidence of superior teaching 
                abilities and interpersonal relationship 
                characteristics.
            ``(3) Novice teacher.--The term `novice teacher' means a 
        teacher who has been teaching not more than 3 years at a public 
        elementary school or secondary school.

``SEC. 2503. PROGRAM AUTHORIZED.

    ``(a) Authority.--
            ``(1) In general.--The Secretary is authorized to award 
        grants, on a competitive basis, to local educational agencies 
        to develop and implement mentor teacher programs as described 
        in subsection (d).
            ``(2) Duration.--The Secretary shall award grants under 
        this subsection for periods of not more than 5 years.
    ``(b) Geographic Distribution.--To the maximum extent practicable, 
the Secretary shall award the grants so that the grants are distributed 
among the local educational agencies with higher percentages of new 
teachers, or lower percentages of certified or licensed teachers, than 
the corresponding percentages for the States in which the agencies are 
located.
    ``(c) Amount.--The amount of each grant shall be determined based 
on--
            ``(1) the total amount appropriated for a fiscal year under 
        section 2508 and made available to carry out this part; and
            ``(2) the extent of the concentration of novice teachers in 
        the school district involved.
    ``(d) Authorized Activities.--
            ``(1) Allocation by activity.--A local educational agency 
        that receives a grant under subsection (a) for a mentor teacher 
        program shall use--
                    ``(A) not less than 75 percent of the funds made 
                available through the grant to pay for the Federal 
                share of the cost of obtaining the services of the 
                mentor teachers; and
                    ``(B) not more than 25 percent of the funds to pay 
                for other costs related to the development and 
                implementation of the mentor teacher program.
            ``(2) Training.--The mentor teacher program shall provide 
        training to novice teachers on effective teaching techniques 
        (including techniques relating to class discipline and 
        curriculum development) through observation, instruction, 
        coaching, and mentoring by mentor teachers.
            ``(3) Federal share.--
                    ``(A) In general.--The Federal share of the cost 
                described in paragraph (1)(A) is 75 percent.
                    ``(B) Non-federal share.--The non-Federal share of 
                the cost may be provided from State sources in cash or 
                in kind, fairly evaluated, including plant, equipment, 
                and services.
    ``(e) Supplement, Not Supplant.--Funds appropriated pursuant to the 
authority of this part shall be used to supplement and not supplant 
other Federal, State, and local public funds expended to provide 
services for eligible individuals.

``SEC. 2504. APPLICATIONS.

    ``A local educational agency desiring a grant under section 2503 
shall submit an application to the Secretary at such time, in such 
manner, and accompanied by such information as the Secretary may 
reasonably require.

``SEC. 2505. PAYMENTS.

    ``(a) In General.--Grant payments shall be made under this part on 
an annual basis.
    ``(b) Administrative Costs.--Each local educational agency that 
receives a grant under section 2503 shall use not more than 2 percent 
of the amount awarded under the grant for administrative costs.
    ``(c) Denial of Grant.--If the Secretary determines that a local 
educational agency has failed to make substantial progress in attaining 
such performance objectives and goals as the Secretary may require the 
agency to establish, such an agency shall not be eligible for a grant 
payment under this part in the next succeeding year.

``SEC. 2506. REPORTS.

    ``The Secretary shall prepare and submit to the Committee on 
Health, Education, Labor, and Pensions of the Senate and the Committee 
on Education and the Workforce of the House of Representatives a report 
of program activities funded under this part.

``SEC. 2507. MATCHING REQUIREMENT.

    ``The Secretary may not award a grant to a local educational agency 
under section 2503 unless the local educational agency agrees that, 
with respect to costs to be incurred by the agency in carrying out 
activities for which the grant was awarded, the agency shall provide 
(directly or through donations from public or private entities) in non-
Federal contributions an amount equal to 25 percent of the amount of 
the grant awarded to the agency.

``SEC. 2508. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to carry out this part 
$50,000,000 for each of fiscal years 2002 through 2006.''.
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